After discharge, Mr.
34): “If a contractor with the qualification of employment subject violates the provisions of laws and regulations and subcontracts the contracting business to an organization or natural person that does not have the qualification of employment subject.
According to Article 7 of the Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work related Injury Insurance (RSBF [2013] No.
The final judgment of the court rejected the lawsuit request of the construction company and affirmed the industrial injury decision.
Ge should not be considered as an industrial injury.
Ge at the construction site was work-related injury.
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If the workers recruited by the organization or natural person are injured or killed at work when engaging in the contracting business, the contractor with the qualification of employment subject shall bear the occupational injury insurance liability that the employer should bear according to law.” The social insurance administrative department accepted the application for identification of work-related injury from Mr.
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Therefore, the injured Mr.
On January 5, 2015, Mr.
Ge to work on the site.
34), a construction company with the qualification of an employer should assume Ge’s liability for work related injury insurance.
Ge fell from the wooden frame while installing the base plate at the construction site, injured his head and left hand, and was hospitalized on the same day.
Zhong hired Mr.
Zhong, but Mr.
Case A construction company in Guangdong subcontracted part of the formwork works of its construction project to Mr.
Ge was injured during his work, which met the criteria for identification of work-related injuries.
Zhong did not obtain a business license, and Mr.
According to Article 7 of the Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work related Injury Insurance (RSBF [2013] No.
Zhong did not obtain a business license and did not have the qualification of an employer.
Ge applied to the local social insurance administrative department for identification of work-related injury on June 8, 2015.
The court held that the construction company was a legitimate employer.
Ge, and that he should not be responsible for industrial injury insurance for the accident injuries he suffered.
On July 27, the local social insurance administrative department determined that the accident injury suffered by Mr.
On October 30, 2015, the construction company refused to accept the determination of work-related injury and filed an administrative lawsuit with the local people’s court to request the revocation of the determination of work-related injury.
Ge did not observe the safety operation specifications, did not wear safety protective devices, refused to obey the command of the safety management personnel, and was seriously responsible for the accident.
Ge according to law, the administrative procedure was legal, and the decision on identification of work-related injury was correct.
Mr.
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The construction company said that there was no labor relationship between him and Mr.
The project involved was contracted by the construction company and then subcontracted to Mr.
Zhong.
